[Federal Register Volume 61, Number 87 (Friday, May 3, 1996)]
[Rules and Regulations]
[Pages 19854-19855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10916]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[OPP-300410A; FRL-5359-5]


Xanthan Gum-Modified, Produced by the Reaction of Xanthan Gum and 
Glyoxal; Tolerance Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This document exempts xanthan gum-modified, produced by the 
reaction of xanthan gum and glyoxal (maximum 0.3% by weight) from the 
requirement of a tolerance when used as a surfactant in pesticide 
formulations. This regulation was requested by Rhone-Poulenc, Inc., 
pursuant to the Federal Food, Drug, and Cosmetic Act (FFDCA).

EFFECTIVE DATE: This regulations becomes effective on May 3, 1996.

ADDRESSES: Written objections and hearing requests, identified by the 
document control number, [OPP-300410A], may be submitted to: Hearing 
Clerk (1900), Environmental Protection Agency, Rm. M3708, 401 M St., 
SW., Washington, DC 20460. Fees accompanying objections and hearing 
requests shall be labeled ``Tolerance Petition Fees'' and forwarded to: 
EPA Headquarters Accounting Operations Branch, OPP (Tolerance Fees), 
P.O. Box 360277M, Pittsburgh, PA 15251. A copy of any objections and 
hearing requests filed with the Hearing Clerk should be identified by 
the document control number and submitted to: Public Response and 
Program Resources Branch, Field Operations Division (7506C), Office of 
Pesticide Programs, Environmental Protection Agency, 401 M St., SW., 
Washington, DC 20460. In person, bring copy of objections and hearing 
requests to: Rm. 1132, CM #2, 1921 Jefferson Davis Hwy., Arlington, VA 
22202.
    A copy of objections and hearing requests filed with the Hearing 
Clerk may also be submitted electronically by sending electronic mail 
(e-mail) to: [email protected]. Copies of objections and 
hearing requests must be submitted as an ASCII file avoiding the use of 
special characters and any form of encryption. Copies of objections and 
hearing requests will also be accepted on disks in WordPerfect in 5.1 
file format or ASCII file format. All copies of objections and hearing 
requests in electronic form must be identified by the docket number 
[OPP-300410A]. No Confidential Business Information (CBI) should be 
submitted through e-mail. Electronic copies of objections and hearing 
requests on this rule may be filed online at many Federal Depository 
Libraries. Additional information on electronic submissions can be 
found below in this document.
FOR FURTHER INFORMATION CONTACT: By mail: Amelia M. Acierto, 
Registration Support Branch, Registration Division (7505W), Office of 
Pesticide Programs, Environmental Protection Agency, 401 M St., SW., 
Washington, DC 20460. Office location, telephone number, and e-mail 
address: 2800 Crystal Drive, North Tower, Arlington, VA, (703)-308-
8375, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: In the Federal Register of February 7, 1996 
(61 FR 4621) (FRL-4994-4), EPA issued a pesticide petition (PP) 2E04084 
from Rhone-Poulenc, Inc., CN 7500, Cranbury, NJ 08512-7500, requesting 
that the Administrator, pursuant to section 408(e) of the Federal Food, 
Drug, and Cosmetic Act, 21 U.S.C. 346a(e), propose to amend 40 CFR 
180.1001(c) by establishing an exemption from the requirement of a 
tolerance for xanthan gum, modified, produced by the reaction of 
xanthan gum and glyoxal (maximum 0.3% by weight) when used as a 
surfactant in pesticide formulations applied to growing crops or to raw 
agricultural commodities after harvest.
    There were no comments received in response to the proposed rule.
    Based upon a review of the data submitted and a review of its use, 
EPA has found that, when used in accordance with good agricultural 
practice, this ingredient is useful and a tolerance is not necessary to 
protect the public health. Therefore, EPA is exempting xanthan gum-
modified, produced by the reaction of xanthum gum and glyoxal (maximum 
0.3% by weight) from the requirement of a tolerance as set forth below.
    Any person adversely affected by this regulation may, within 30 
days after publication of this document in the Federal Register, file 
written objections to the regulation and may also request a hearing on 
those objections. Objections and hearing requests must be filed with 
the Hearing Clerk, at the address given above (40 CFR 178.20). A copy 
of the objections and/or hearing requests filed with the Hearing Clerk 
should be submitted to the OPP docket for this rulemaking. The 
objections submitted must specify the provisions of the regulation 
deemed objectionable and the grounds for the objections (40 CFR 
178.25). Each objection must be accompanied by the fee prescribed by 40 
CFR 180.33(i). If a hearing is requested, the objections must include a 
statement of the factual issue(s) on which a hearing is requested, the 
requestor's contentions on such issues, and a summary of any evidence 
relied upon by the objector (40 CFR 178.27). A request for a hearing 
will be granted if the Administrator determines that the material 
submitted shows the following: There is genuine and substantial issue 
of fact; there is a reasonable possibility that available evidence 
identified by the requestor would, if established, resolve one or more 
of such issues in favor of the requestor, taking into account 
uncontested claims or facts to the contrary; and resolution of the 
factual issue(s) in the manner sought by the requestor would be 
adequate to justify the action requested (40 CFR 178.32).
    EPA has established a record for this rulemaking under docket 
number [OPP-300410A] (including any comments and data submitted 
electronically). A public

[[Page 19855]]

version of this record, including printed, paper versions of electronic 
comments, which does not include any information claimed as CBI, is 
available for inspection from 8 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The public record is located in Room 
1132 of the Public Response and Program Resources Branch, Field 
Operations Division (7506C), Office of Pesticide Programs, 
Environmental Protection Agency, Crystal Mall #2, 1921 Jefferson Davis 
Highway, Arlington, VA.
    Electronic comments may be sent directly to EPA at:
    [email protected].

    Electronic comments must be submitted as an ASCII file avoiding the 
use of special characters and any form of encryption.
    The official record for this rulemaking, as well as the public 
version, as described above will be kept in paper form. Accordingly, 
EPA will transfer any copies of objections and hearing requests 
received electronically into printed, paper form as they are received 
and will place the paper copies in the official rulemaking record which 
will also include all comments submitted directly in writing. The 
official rulemaking record is the paper record maintained at the 
address in ``ADDRESSES'' at the beginning of this document.
    The Office of Management and Budget has exempted this rule from the 
requirements of section 3 of Executive Order 12866.
    Pursuant to the requirements of the Regulatory Flexibility Act 
(Pub. L. 96-354, 94 Stat. 1164, 5 U.S.C. 601-612), the Administrator 
has determined that regulations establishing new tolerances or raising 
tolerance levels or establishing exemptions from tolerance requirements 
do not have a significant economic impact on a substantial number of 
small entities. A certification statement to this effect was published 
in the Federal Register of May 4, 1981 (46 FR 24950).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.


    Dated: April 3, 1996.
Susan Lewis,

Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR part 180 is amended as follows:

PART 180--[AMENDED]

    1. The authority citation for part 180 continues to read as 
follows:

    Authority: 21 U.S.C. 346a and 371.

    2. Section 180.1001, paragraph (c), the table is amended by adding 
alphabetically inserting the inert ingredient, to read as follows:


Sec. 180.1001   Exemptions from the requirements of a tolerance.

* * * * *
    (c) *  *  *

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         Ingredients                Limits                 Uses         
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         *        *        *        *        *        *        *        
Xanthan gum-modified,          Not more than     Surfactant             
 produced by the reaction of    0.5% of                                 
 xanthan gum and glyoxal        pesticide                               
 (maximum 0.3% by weight).      formulation.                            
                                                                        
         *        *        *        *        *        *        *        
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[FR Doc. 96-10916 Filed 5-2-96; 8:45 am]
BILLING CODE 6560-50-F